Introduction:

In a significant ruling, the Allahabad High Court addressed concerns regarding the issuance of licenses to practice law without due diligence. The case, Pawan Kumar Dubey v. State Of U.P. And 3 Others [WRIT – C No. – 42619 of 2023], highlighted a petitioner’s complaint against a respondent who obtained a law license while allegedly concealing 14 criminal cases, including 4 convictions. Justices Saumitra Dayal Singh and Vinod Diwakar directed the Bar Council of Uttar Pradesh and the State Government to initiate a police report process akin to passport applications for all pending and fresh law practice license applications.

Arguments:

The petitioner lodged a complaint with the Bar Council, alleging the respondent concealed a significant criminal history while obtaining the license. Highlighting the alarming nature of a person with 14 criminal cases gaining a law license, the petitioner urged swift disciplinary action against the respondent. Counsel for the petitioner stressed that allowing such individuals to practice law posed a threat to both society and the legal community. In response, the Bar Council, represented by Shri Ashok Kumar Tiwari, acknowledged the absence of a stringent procedure for police verification during the application process, admitting a lapse in enforcing their laws.

Court’s Judgment:

The Allahabad High Court, expressing concern over the lack of due diligence, directed the Bar Council and State Government to implement a police verification process for law practice license applications. Justices Saumitra Dayal Singh and Vinod Diwakar emphasized that applicants must disclose any criminal charges or convictions during the application stage, failing which their application could be rejected outright. The court noted the absence of a mechanism for such verifications within the Bar Council, expressing surprise at the council’s failure to enforce its own regulations.